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| Court acquits sapphire dealers of illegal trading | | |
EARLY TIMES REPORT
JAMMU, Feb 8
Sub Judge Jammu Mohammad Rafiq Chak discharged at the stage of framing charges against Subash Saraf of Talab Tillo Jammu and Subash Chander Jain of Kucha Kaka Ram, who were involved in a much publicized case of sale and purchase of sapphire and antiquities including nine coins, idols and statue made of sapphire.
The duo was arrested on August 29, 2008 by the Crime Branch under sections 379 RPC, 4/5 Sapphire Act and 5/25 Antiquities & Art Treasurer Act and seized the above said items, while the third accused identified as Chander Kumar died during investigation.
Sub Judge Jammu after hearing Advocates CL Raina and Sumir Pandita appearing for the accused and also gone through the case observed that it is admitted by the prosecution that the seized property is finished sapphire and is not in a crude form, therefore, in view of provisions of Sapphire Act and the rules made out and set-stones worn on the person or possessed solely for the purpose of personal adornment shall not came within the purview of the Sapphire Act.
Counsel for the accused has vehemently stated that the seized properties belong to the accused and that Crime Branch failed to establish that the seized property is in crude shape.
Court feels no hesitation in holding that no charge u/s 379 RPC and 5/25 Antiquities & Art Treasurer Act or even 4/5 Sapphire Act is made out against the accused and they are accordingly discharged at the stage of framing charge. The seized property as per the seizure memo shall be released in favour of the accused after the revision period is over. (JNF)
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